‘Human rights campaign group Liberty has been given permission by a High Court judge to bring a judicial review claim over the impact of the Government’s spare-room subsidy or “bedroom tax” on separated families with shared custody of children.’
Local Government Lawyer, 2nd May 2014
Source: www.localgovernmentlawyer.co.uk
‘Earlier this week, the parliamentary Joint Committee on Human Rights has published its report on The implications for access to justice of the Government’s proposals to reform judicial review (HL 174 HC 868 2013-14). The report is, perhaps unsurprisingly, generally critical of the proposals and of the way in which they have been or are being introduced. I have already summarised the proposals and commented on some of them in earlier posts. In this post, I draw attention to some key passages in the JCHR’s report, commenting on them briefly and, at the end of the piece, offering some reflections on some of the underlying constitutional issues highlighted by the Committee.’
UK Constitutional Law Association, 1st May 2014
Source: www.ukconstitutionallaw.org
‘When does the same Government that decides to prosecute someone have an obligation to ensure that that individual has representation? That was the question that HHJ Leonard had to answer at Southwark Crown Court on 1 May 2014. The case is called “Operation Cotton” and, as the argument proceeded, featured five legally aided defendants. The argument got more media attention this week than it perhaps otherwise would because the legally aided defendants were represented by Alexander Cameron QC, who happens to be the brother of the Prime Minister (Cameron QC was acting for free, which his brother would surely applaud as an example of the “Big Society” in action).’
Halsbury’s Law Exchange, 1st May 2014
Source: www.halsburyslawexchange.co.uk
‘“The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant… Over his own body and mind, the individual is sovereign.”
The above principle laid down by John Stuart Mill is a cornerstone of liberal political and jurisprudential thought. Mill argued that, provided you cause no harm to others, you should be free to do what you like with your own body and life. This is what the right to personal autonomy and self-determination means; and it is a right which is being steadily, and quietly, eroded. If liberty, as Mill said, consists in the freedom to do everything which injures no one else, then we are already not free – and if the current trend of legislating on public health and morals continues the residual liberty we do enjoy will be diminished.’
Halsbury’s Law Exchange, 30th April 2014
Source: www.halsburyslawexchange.co.uk
‘The release of confidential patient details to a state medical institution in the course of her negotiations with a hospital over a lawsuit was an unjustified interference with her right to respect for private life under Article 8.’
UK Human Rights Blog, 30th April 2014
Source: www.ukhumanrightsblog.com
‘Angela Patrick, Director of Human Rights Policy at JUSTICE, summarises the important Joint Committee on Human Rights report “The implications for access to justice of the Government’s proposals to reform judicial review”.’
UK Human Rights Blog, 30th April 2014
Source: www.ukhumanrightsblog.com
‘Ashworth and others v the Royal National Theatre [2014] 1176. Anyone who saw one of the early performances of War Horse in its first season at the National Theatre will remember how profoundly moving was the live music, with the musicians visible along the sides of the theatre above the stage. Since that highly successful (and profitable) first season the role of the orchestra had been radically reduced, and now looks as if it is about to vanish altogether.’
UK Human Rights Blog, 23rd April 2014
Source: www.ukhumanrightsblog.com
‘Danny Alexander, the Chief Secretary to the Treasury, announces the Cornish will be given same status as people from Wales, Scotland and Northern Ireland.’
Daily Telegraph, 24th April 2014
Source: www.telegraph.co.uk
‘Two different bodies in the last week have reflected on issues concerning the fundamental imbalance in the employment relationship.’
UK Human Rights Blog, 22nd April 2014
Source: www.ukhumanrightsblog.com
‘There are times when individual need comes up against the inflexible principles of the law and the outcome seems unjustifiably harsh. This is just such a case – where a relatively modest claim based on individual clinical need was refused with no breach of public law principles. As it happens, since the Court rejected her case, the the young woman concerned has been offered private support for the therapy she was seeking. The case is nevertheless an interesting illustration of the sometimes difficult “fit” between principles of public law and the policy decisions behind the allocation of NHS resources.’
UK Human Rights Blog, 18th April 2014
Source: www.ukhumanrightsblog.com
‘On 26 March 2014 the Supreme Court gave a lengthy judgment in Kennedy v Charity Commission [2014] UKSC 20, running to 248 paragraphs. The Supreme Court decision is full of surprises. The Court decided to depart from the arguments of the parties- the majority insisted that common law rights rather than the Human Rights Act were the key to the case; and then embarked on an extended and wide ranging obiter discussion of public law issues, revealing further disagreements between the Justices.’
UK Constitutional Law Association, 18th April 2014
Source: www.ukconstitutionallaw.org
‘Lord Thomas of Cwmgiedd urges European Court of Human Rights to leave terror extradition decisions to British courts.’
Daily Telegraph, 16th April 2014
Source: www.telegraph.co.uk
‘Home Secretary Theresa May has been given two months to seek assurances from the US about how a terror suspect will be treated if he is extradited.’
BBC News, 16th April 2014
Source: www.bbc.co.uk
‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’
UK Human Rights Blog, 15th April 2014
Source: www.ukhumanrightsblog.com
‘Any order made by any court under section 39 of the Children and Young Persons Act 1933 prohibiting the identification of (among others) a defendant under the age of 18 years could not extend to reports of the proceedings after the subject of the order had reached the age of majority at 18.’
WLR Daily, 8th April 2014
Source: www.iclr.co.uk
‘Smith, R (on the application of v Secretary of State for Justice and G4S UK Ltd [2014] EWCA Civ 380. This case raises the question of whether it is a breach of a non-smoking prisoner’s Convention right to respect for his private life and to equality of access to such rights (ECHR Articles 8 and 14) to compel him to share a cell with a smoker.’
UK Human Rights Blog, 14th April 2014
Source: www.ukhumanrightsblog.com
‘Nicholas Phillips on the problems posed by the use of secret evidence.’
London Review of Books, 17th April 2014
Source: www.lrb.co.uk
‘The unwitting former partner of a paedophile is planning legal action after a police force said it was powerless to retain or destroy the abuser’s laptop which contains photographs of his young victims wearing swimwear and leotards.’
The Independent, 11th April 2014
Source: www.independent.co.uk
‘The state of the Latvian prison estate was not such as to produce a real risk that there would be a breach of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms if extradition were directed.’
WLR Daily, 9th April 2014
Source: www.iclr.co.uk
© Inner Temple Library 2024